Today's Law As Amended

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SB-785 Evidence: immigration status.(2017-2018)



SECTION 1.

 Section 351.3 is added to the Evidence Code, to read:

351.3.
 (a) (1) In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall not be disclosed in open court by a party except as first authorized by a court’s ruling pursuant to paragraph (2).
(2) (A) A party seeking the disclosure of a person’s immigration status under this section shall request a confidential in camera hearing at which the judge presiding over the matter shall determine if the evidence is relevant and admissible.
(B) If the judge decides at the hearing described in subparagraph (A) that the evidence is relevant and admissible, the evidence may be disclosed in open court.
(C) If the judge decides at the hearing described in subparagraph (A) that the evidence is irrelevant or inadmissible, the moving party may object to the ruling and may preserve the objection in camera on the record, with the record to be kept confidential pursuant to subdivision (b) of Section 2.585 of the California Rules of Court.
(b) This section does not prohibit an individual or his or her attorney from voluntarily revealing his or her immigration status to the court.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 2.

 Section 351.4 is added to the Evidence Code, to read:

351.4.
 (a) (1) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open court or included in public court records by a party except as first authorized by a court’s ruling pursuant to paragraph (2).
(2) (A) A party seeking the disclosure of a person’s immigration status under this section shall request a confidential in camera hearing at which the judge presiding over the matter shall determine if the evidence is relevant and admissible.
(B) If the judge decides at the hearing described in subparagraph (A) that the evidence is relevant and admissible, the evidence may be disclosed in open court and in public court records.
(C) If the judge decides at the hearing described in subparagraph (A) that the evidence is irrelevant or inadmissible, the moving party may object to the ruling and may preserve the objection in camera on the record, with the record to be kept confidential pursuant to subdivision (b) of Section 2.585 of the California Rules of Court.
(b) This section does not do any of the following:
(1) Apply to cases in which a person’s immigration status is necessary to prove an element of an offense or an affirmative defense.
(2) Limit discovery in a criminal action.
(3) Affect obligations imposed by Section 1054 of the Penal Code.
(4) Affect the standards of relevance, admissibility, or discovery.
(5) Prohibit an individual or his or her attorney from voluntarily revealing his or her immigration status to the court.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 3.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to immediately help protect undocumented residents of California and their ability to participate in the California justice system, it is necessary that this act take effect immediately.